Your Rights - Our Responsibilities
Hello – welcome to Smarter Control.
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. Please read them as they will tell you everything you need to know about the terms on which we will deal with each other following your purchase. If you use any of our products you accept these terms and conditions.
Our contract with you
How we will accept your order
Our acceptance of your order will take place when we send an email to the email address you give us to accept your order, at which point a contract will come into existence between you and us.
If we cannot accept your order
If we’re unable to accept your order, we’ll contact you to let you know why. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we’re unable to meet a delivery deadline you have specified.
Your legal rights
We have a legal duty to supply products that comply with this contract. See below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website adviceguide.org.uk or call 03454 04 05 06.
In relation to any products, the law requires that goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund;
up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
In relation to any services, the law requires that services must be carried out with reasonable care and skill. This means that:
if a service isn’t carried out properly, you can ask us to repeat or fix a service, or get some money back if we can’t fix it;
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable; and
if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
To use many of our products, you’ll need in the property where the devices are being installed:
A domestic broadband connection with sufficient bandwidth, Wi-Fi and a spare Ethernet port connection
An extra power socket close to the broadband router
You’ll also need:
An Android or iOS device with an up to date operating system, with Internet access, if you want to monitor and/or control your products via app
An up to date web browser
We’ll confirm an installation appointment time to install your product(s). We aren’t responsible for installation delays caused by bad weather or any other circumstances beyond our control.
We’ll install your product(s) during normal working hours which are 8.00am – 6.00pm Monday to Friday. We may charge extra for installation outside normal working hours, but we will agree any such charge with you first.
You’ll be responsible for ensuring that before we install certain smart heating controls that there is an adequate gas supply and an eligible gas central heating system in your home. Please note the requirement for a working central heating system in the Requirements clause of the Products section.
Normally, we’ll send an engineer to carry out the work but sometimes, to carry out the installation as quickly as possible, we may need to use sub-contractors. All sub-contractors are approved by us and are fully qualified.
Getting into your home
We will only work in your home if there’s someone 18 years old or older there at all times during the visit. It’s your responsibility to give them access to your home. If they can’t get access, they won’t be able to complete the work and it’s then up to you to arrange another appointment.
There’ll be an extra charge for any changes or additional work which you ask for, or if there is additional work needed to install your products. If this happens, we’ll explain the reason for the additional work and let you know what the extra charge for the work would be first, so you can decide if you’d like to go ahead.
If we need to connect new equipment to your existing central heating system to allow products to work, we’ll agree this and any costs with you before doing so. We’ll not be responsible for the cost of repairing or replacing parts of your existing central heating system which later develop a fault, unless it’s due to work we carried out that caused the fault. Also, we won’t be responsible if your central heating system doesn’t work because your water supply becomes inadequate or the water pressure varies.
We won’t pay any compensation if we’re unable to complete the installation of your products during the appointment. However, we’ll make another appointment with you for a time that suits to complete the work at no extra cost. If you or anyone else fails to keep an agreed appointment time for the installation of your products, we may charge extra for installation.
The engineer will take reasonable care to carry out the installation without causing unnecessary damage to your property. They’ll make good any unnecessary damage that is directly caused by their negligence. However, the installation (including removing or dismantling existing fixtures and fittings) may cause damage and certain areas may need redecoration after they finish the installation. This is your responsibility and is not included in the purchase price of your products.
Working in dangerous or unsafe conditions
The engineer won’t start or continue doing any work in your home if they believe there’s a health and safety risk, for example: hazardous chemicals, pest infestations, verbal or physical abuse, or harassment. And they won’t return to finish the work until that risk is gone. If any asbestos needs to be removed before they can start work in your home, you’ll need to arrange and pay for someone else to remove it and give you a clean air certificate which you’ll need to show them.
Tenants need landlords’ permission
If you are a tenant, you may need your landlord’s permission to carry out the work required to install your products. Unless you tell us otherwise, we’ll assume that you have this permission. We won’t be responsible if we carry out work and you don’t have your landlord’s permission. You’ll be responsible for any losses we suffer as a result of you failing to get your landlord’s permission.
Installation guarantee (if you have bought a product with installation included)
If our work is faulty, we’ll carry out the work again free of charge. Our work is guaranteed for one year from the date that we finish it.
This guarantee only applies to materials we provide and work we carry out and does not apply to any further unrelated faults with your central heating system or other appliances.
If your products develop a fault you should call us to report this on the Service number. We’ll do what we can to fix the fault as quickly as possible.
This guarantee doesn’t affect your statutory rights under the Consumer Rights Act 2015 and any laws that replace it. If you want independent advice about your rights, you can speak to Citizens Advice or Trading Standards.
Services General terms
In addition to our products, we offer various services.
Period of agreement
Your service agreement will last for as long as you continue to make your monthly payments, you tell us you no longer want it or we cancel it. Please see the Cancellation section below for details.
You can cancel the service at any time and will stop receiving that service. If you contact our call centre to cancel your service at least ten calendar days before your next payment is due to be taken, you won’t be charged for the next month. If you cancel in the last ten days of the billing period, your service will end the month after.
Our services are subject to withdrawal or variation at any time. Where a service is to be withdrawn, we will always try to give you prior written notice (by email) of the withdrawal and any reasons for the withdrawal.
We reserve the right at our sole discretion to refuse a service for any customer.